Laws

BAHAMAS

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Harassment
Hate Crimes
HIV/Aids
  Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
Partners
  Parenting
Property
Sodomy
Superannuation
Transgender, Transsexual
Violence
Wrongful Death

Please read the Disclaimer

See also: Wikipedia: LGBT rights in the Bahamas

Age of Consent Legislation/Cases/References
1.

National

Consensual sex between same-sex couples is lawful at age eighteen (18) years [L1.1].

The Sexual Offences and Domestic Violence Act 1991 provides –

Section 2. Sexual Offence Definitions

"minor" means a person under eighteen years of age; [L1.1]

Section 16. Sexual intercourse with a minor of same sex.

(1) Any adult male who has sexual intercourse with another male who is a minor, whether with or without the consent of that other male, is guilty of a sexual offence and liable to imprisonment for life.

(2) Any adult female who has sexual intercourse with another female who is a minor, whether with or without the consent of that other female, is guilty of a sexual offence and liable to imprisonment for life.

L1.1 Bahamas Laws On-Line: Chapter 99 Sexual Offences (Accessed 14 APR 12)
Discrimination Legislation/Cases/References
1.

National

In May 1998, the Bahamas National Security Minister and Deputy Prime Minister Frank Watson announced that the Bahamas military, prison service and police force do not discriminate based on sexual orientation [R1].

R1 Melbourne Star Observer: Gays Welcome in Bahamas Military 08 MAY 98
Hate Crimes Legislation/Cases/References
1.

Courts & Tribunals

In January 2009, a 25-year-old man in the Bahamas walked free from court last week after claiming a man he murdered made a sexual advance towards him [R1.1].

R1.1 PinkNews.co.uk: Nassau Man Freed After Using Gay Panic Defence at Murder Trial 02 FEB 09

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Homosexuality, Sodomy Legislation/Cases/References
1.

National

On 16 May 1991, consensual sex between same-sex couples was decriminalised [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 380.51kb, 13 MAY 11
Military Legislation/Cases/References
1.

National

In May 1998, the Bahamas National Security Minister and Deputy Prime Minister Frank Watson announced that the Bahamas military, prison service and police force do not discriminate based on sexual orientation [R1.1].

R1.1 Melbourne Star Observer: Gays Welcome in Bahamas Military 08 MAY 98
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

The adoption of children by same sex couples or individuals is not lawful [L1.1]

Chapter 131 Adoption of Children Act provides –

Section 5. Where an application for an adoption order is made by two spouses jointly the court may make the order authorising the two spouses jointly to adopt, but save as aforesaid, no adoption order shall be made authorising more than one person to adopt an infant [L1.1].

L1.1 Bahamas Laws On-Line: Chapter 131 Adoption of Children PDF 160.94kb, (Accessed 15 APR 12)
Violence: Bullying, Domestic Violence, Harassment, Vilification Legislation/Cases/References
1.

National

Sames sex partners are not protected from domestic violence or harassment [L1.2]. However, Section 26 of the Sexual Offences Act makes "sexual harassment" in the employment context is unlawful [L1.1].

Chapter 99A Domestic Violence (Protection Orders) [L1.2]

Section 2 Definitions -

"domestic violence" includes physical, sexual, emotional or psychological or financial abuse committed by a person against a spouse, partner, child, any other person who is a member of the household or dependant;

"partner" means –

(a) a party to a common law relationship between a man and woman living with, or who have lived with, each other in the same household as if they were husband and wife; and

(b) a person who would, but for the fact of not living in the same household, be said to be having or have had with a person of the other sex an intimate relationship;

L1.2 Bahamas Laws On-Line: Chapter 131 Adoption of Children PDF 187.64kb, (Accessed 15 APR 12)
L1.1 Bahamas Laws On-Line: Chapter 99 Sexual Offences PDF 157.97kb, (Accessed 15 APR 12)

GayLawNet®™ "Exclusive" Sponsorship of this page IS available